New Jersey’s Law on Temporary Restraining Orders for Alleged Stalking

New Jersey has a specific law that allows victims of alleged stalking to obtain a temporary restraining order (TRO) against the alleged perpetrator. This law, Section 2C:12-10.2 of the New Jersey Code of Criminal Justice, provides important protections for victims who are minors or have disabilities while also balancing the rights of the accused.

Who Can File for a TRO Under This Law?

There are two categories of victims who can file for a TRO under Section 2C:12-10.2:

• Minors under 18 years old who are alleged victims of stalking.
• Adults 18 years or older with disabilities such as mental illness or developmental disabilities that make them incapable of understanding the nature of the alleged stalking or providing consent.

For these vulnerable victims, Section 2C:12-10.2 allows their parents, guardians, or other representatives to file a complaint on their behalf seeking a TRO against the alleged stalker.

Emergency Ex Parte Relief

One important aspect of Section 2C:12-10.2 is that it allows victims to seek emergency ex parte relief. This means the alleged victim can file for an immediate TRO without giving prior notice to the alleged stalker.

The judge will review the complaint and make an on-the-spot determination about whether the order should be granted. This provides an extra layer of protection for vulnerable victims who may be in immediate danger from an alleged stalker.

Limits on Contact Between Parties

If the judge determines the alleged victim is in danger of being stalked, the TRO issued under Section 2C:12-10.2 will limit contact between the defendant (alleged stalker) and the victim.

The no contact provisions under this law are designed to prevent further stalking and keep the victim safe while the allegations are adjudicated. The TRO may prohibit the defendant from interacting with, monitoring, or communicating with the victim in any way.

Duration of a TRO Under This Law

Section 2C:12-10.2 states that a TRO issued for alleged stalking of a minor or person with disabilities will remain in effect until:

• The defendant is convicted of stalking, which triggers a hearing on a permanent restraining order.
• The victim’s parent/guardian or the victim themselves (if over 18) requests dismissal of the TRO and the court finds just cause.

This ensures victims have ongoing protection throughout the legal process. The TRO gives time for the stalking allegations to be fully investigated without risk of further harm to the victim.

Due Process Rights of the Accused

While Section 2C:12-10.2 provides important safeguards for alleged victims, it also protects the rights of the accused. Key due process provisions include:

• A hearing must be held within 10 days for any emergency TRO issued ex parte. This gives the defendant prompt opportunity to respond to allegations.
• The standard of proof at the hearing is a “preponderance of evidence” rather than the higher “beyond reasonable doubt” standard used in criminal trials. This balances victim safety with defendant rights.
• The law states a stalking conviction is not required prior to granting a TRO. Defendants are presumed innocent until proven guilty.
• Defendants have the right to be served with a copy of the complaint and participate fully in all hearings.

Relationship to Other Anti-Stalking Laws

Section 2C:12-10.2 works in conjunction with New Jersey’s other anti-stalking laws such as Section 2C:12-10 which defines the crime of stalking. It is also in addition to Section 2C:12-10.1 which turns a stalking conviction into an application for a permanent restraining order.

Section 2C:12-10.2 simply provides another tool specifically focused on quickly protecting minors and disabled victims in stalking cases through temporary orders. It does not preclude victims from seeking other civil or criminal remedies as well.

Seeking Legal Help Under This Law

Stalking allegations can be complex on both sides. If you are a victim of alleged stalking who wants to seek a TRO under Section 2C:12-10.2, or you have been accused of stalking and served with a TRO, it is advisable to consult with an attorney.

An experienced lawyer can help victims navigate the process of obtaining and enforcing a TRO. They can also protect the rights of defendants and prevent unfair or excessive restrictions based on false allegations.

Having skilled legal counsel is crucial for just outcomes when using Section 2C:12-10.2 or other anti-stalking laws. Protect yourself and your interests by securing proper representation.